Civil Remedies Elections & Politics

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Is This The Year for Real PAGA Reform? – Don’t Hold Your Breath

Over the last several years, the level of employer complaints about PAGA has reached a deafening crescendo. For some time now, employers have expressed deep concern about abusive litigation tactics and “extortionate” PAGA...more

Lawsuit Abuse Reduction Act Would Mandate Sanctions for Frivolous Claims

On March 10, 2017, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act of 2017 ("LARA") by a vote of 230–180. 163 Cong. Rec. H2025-03, H2025. The bill seeks to undo the 1993 amendments to Rule 11 of the...more

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

New Trump Executive Order Stopped!

Just hours before President Trump’s new Executive Order or “Muslim Travel Ban” was to become effective, U.S. District Judge Derrick Watson in Hawaii issued a Temporary Restraining Order to stop the ban from being implemented...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

"The E-Discovery Digest - March 2017"

The sixth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses. Please see...more

SEC Reduces Whistleblower Bounty Based On Culpability And Delayed Reporting

On February 28, 2017, in an Order almost entirely devoid of detail, the SEC announced that a whistleblower will receive 20% of any monetary sanctions collected in an enforcement action commenced as a result of the...more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Outlook for Disgorgement Remedies in the Trump Administration

With the departure of now former Federal Trade Commission (FTC) Chairwoman Edith Ramirez earlier this month, among the most discussed vacancies in the new administration these days is the post of her permanent replacement....more

Pay Back to Big Corporations — Unneeded Laws

It seems when Congress tries to pass a law taking away peoples’ rights they tack on a title that sounds like they are just trying to “tidy up” or do us a favor. Such is the result of House bill H.R. 985, which they have...more

Time and Time Again

On Wednesday, the Fifth Circuit Court of Appeals granted the Justice Department’s additional unopposed request for a 60-day extension to figure out its position on the new FLSA overtime exemption rules....more

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure...more

Big Changes Could Be Coming in Class Action Litigation

On February 10, 2017, U.S. Rep. and House Judiciary Committee Chairman, Bob Goodlatte (R-Va), introduced a new version of his Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the "Act"). The Act, while bearing the...more

Legislative and Other Challenges to Immigration Executive Order

Following recent ICE arrests of 680 individuals in the Los Angeles, Chicago, Atlanta, San Antonio, and New York City areas, Senators Catherine Cortez Masto (D-Nev.), Richard Durbin (D-Ill.), and Tammy Duckworth (D-Ill.)...more

Fifth Circuit Grants Request to Delay Appeal on Federal Overtime Rule

The appeal regarding the validity of the federal overtime rule will not be fully briefed until May 1, 2017, according to an order issued by the Fifth Circuit on February 22, 2017, granting an unopposed request by the...more

Class Action Fairness Act Author Introduces New Bill That Would Drastically Reform Class Action Litigation

House Judiciary Committee Chairman Bob Goodlatte (R-Va.), the author of the Class Action Fairness Act, introduced the “Fairness in Class Action Litigation Act of 2017” last week that would substantially change class action...more

The Curious Evolution of the Executive Order

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously...more

Federal Appeals Court Upholds Halt on Trump Administration's Travel Ban

Seyfarth Synopsis: A three-judge panel in the Ninth Circuit Court of Appeals ruled against the Trump administration’s motion to reinstate the travel ban. Late on Thursday, February 9, the Ninth Circuit panel voted to...more

UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days....more

Court Deals Setback to Trump's Immigration Policy

A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the...more

DOL’s Fiduciary Rule Still in Limbo after Trump Memo and Federal Judge’s Ruling

Last week, President Trump issued a memorandum directing the Department of Labor (DOL) to reconsider implementation of the fiduciary rule. The fiduciary rule, which widens the scope of who is considered a “fiduciary” of an...more

Ninth Circuit Upholds Temporary Block on Travel Ban

On February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of,...more

Ninth Circuit Denies Government’s Motion to Stay District Court’s Order Blocking Travel Ban

In a unanimous opinion, a three-judge panel in the Ninth Circuit Court of Appeals upheld the stay of President Trump’s travel ban. The Court found in favor of the State of Washington on all of its arguments and held that the...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017

As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued...more

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